Plain English Breakdown
The official status indicates the bill passed both chambers, but no effective date is listed in the provided metadata or text.
HB2767: Early Termination of Sex Offender Registration
This bill creates a legal process allowing some registered sex offenders in Arizona to ask a court to end their registration duty after waiting for five or ten years.
What This Bill Does
- Adds section 13-3826.01 to the Arizona Revised Statutes regarding sex offender registration.
- Allows defendants who have been registered as adults for at least ten years, or minors for at least five years, to petition a court to end their duty to register.
- Requires courts to hold a hearing where both the petitioner and the state can present evidence and witnesses.
- Places the burden on the petitioner to prove they did not commit new crimes in specific chapters of law since sentencing.
- Requires the petitioner to prove by a preponderance of the evidence that they are unlikely to reoffend and are not a danger to others.
- Allows petitioners whose requests are denied to file an appeal with the court of appeals within thirty days.
Who It Names or Affects
- Sex offenders in Arizona who have completed at least ten years of registration for adult offenses or five years for juvenile offenses.
- Courts that must hold hearings and make rulings on these petitions.
- Victims, who receive notice before the hearing and may speak during it.
Terms To Know
- Petition
- A formal written request made by a person asking a court for an order or decision.
- Preponderance of the evidence
- The standard used in this hearing where facts must show it is more likely than not that something happened.
- Special action
- A specific type of appeal filed with a higher court to review a lower court's decision on certain legal matters.
Limits and Unknowns
- The bill does not specify an effective date in the provided text.
- This law only applies if other sections of the code have not already terminated the duty to register earlier.
- The court must state specific reasons on the record if it denies a petition, but the source does not list what those reasons might be.